Troyce Braninburg v. Monterey County

MEMORANDUM

Troyce Tabitha Braninburg appeals pro se from the district court’s summary judgment in her 42 U.S.C. § 1988 action alleging various constitutional violations in connection with her confinement in Monterey County Jail while awaiting civil commitment proceedings pursuant to California’s Sexually Violent Predator (“SVP”) Act. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Jones v. Blanas, 393 F.3d 918, 926 (9th Cir.2004). We affirm.

The district court properly granted summary judgment to defendant Fithian because Braninburg failed to establish a genuine dispute of material fact as to whether Fithian was deliberately indifferent to Bra-ninburg’s serious medical needs, or whether Fithian personally participated in any other alleged constitutional violations. See Jones v. Johnson, 781 F.2d 769, 771 (9th Cir.1986) (pretrial detainee’s claim for inadequate medical treatment is evaluated under Eighth Amendment standard, and jail personnel violate the Eighth Amendment “if they are deliberately indifferent to the [detainee’s] serious medical needs”); see also Leer v. Murphy, 844 F.2d 628, 633 (9th Cir.1988) (an official can be liable under § 1983 only “if he…